Bench Book
Judge Howard H. Maetani
QUESTIONNAIRE FOR JUDGE’S BENCHBOOKJUDGE: Howard H. Maetani - Fourth District Court
1. Scheduling Conferences
Q: Are scheduling conferences needed or used in your court? If so, are they conducted in person or by telephone?
A: Yes. In person.
Q: What are your preferences regarding Case Management Orders/Scheduling Orders? Do you require that specific things be included in such orders?
A: Case Management—specific things as necessary.
2. Motions Practice
Q: Do you appreciate courtesy copies of briefs being delivered to your chambers prior to hearing on a motion? If so, how early do you want them?
A: Yes. At least 10 days prior to hearing, and earlier is preferable.
Q: Do you schedule hearings on motions automatically upon receiving notices to submit, or do you prefer or require that counsel call to schedule hearings?
A: I schedule hearings automatically upon receiving notices to submit.
Q: Under what circumstances do you decline to grant a request for oral argument?
A: I rarely decline requests for oral argument.
Q: What is your policy on allowing overlength memoranda?
A: I don’t like overlength memos.
Q: What separates a useful brief from one that is unhelpful?
A: One that is succinct.
Q: Do you prefer that counsel provide copies of the relevant cases prior to a hearing?
A: Yes. Would be helpful.
Q: What makes an effective motions argument?
A: Being prepared.
Q: Is there anything about the way you handle requests for temporary restraining orders and preliminary injunctions that you think the bar should be aware of?
A: No.
3. Final Pretrial Conference
Q: In your view, what is the purpose of a final pretrial conference?
A: To determine if there is a good chance of settlement; to really define the issues to be litigated; and to resolve all motions in limine.
Q: What steps do you take, if any, at a final pretrial conference to encourage settlement of the case?
A: Ask tough questions.
Q: Do you require clients to be present at final pretrial conferences?
A: Yes.
4. Jury Trial Practice
Jury Selection:
Q: How is voir dire conducted in your courtroom?
A: Judge and attorney.
Q: Do you allow counsel to participate in voir dire? If so, to what extent?
A: Yes. Liberal (if I have advance notice of their questions).
Q: What is your due date for requested voir dire questions?
A: 10 days before trial.
Q: Do you allow or encourage the use of jury questionnaires?
A: In major complex cases.
Requested Instructions:
Q: When do you require requested instructions to be submitted?
A: At least 10 days prior to hearing.
Q: What form do you prefer requested instructions to take (e.g., do you prefer instructions accompanied by supporting cases, etc.)? Is a citation to MUJI sufficient legal authority?
A: Yes.
Q: Do you have a set of stock jury instructions that you use?
A: Yes.
Q: Do you prefer to receive an electronic copy of requested instructions?
A: No.
Trial Procedures:
Q: What is your preferred trial schedule (e.g., 9 to 5 with an hour for lunch, 8 to 2 with no lunch, etc.)?
A: 9-5.
Q: What are your preferences with respect to motions in limine and other trial related motions?
A: I endeavor to resolve motions in limine at least 10 days before trial. Thus attorneys need to bring to court’s attention ASAP.
Q: What are your preferences and/or procedures related to witness scheduling?
A: Review with attorneys for those with special circumstances.
Q: What are your preferences with respect to trial exhibits?
A: All exchanged between attorneys and pre-marked before hearing date.
5. Bench Trial Practice
Q: What are the major differences, in your courtroom, between bench trials and jury trials?
A: No major differences.
Q: Do you appreciate or require proposed findings of fact and conclusions of law from counsel?
A: Yes.
Q: Do you appreciate or require trial briefs from counsel?
A: Yes.
6. Thoughts on Effective Advocacy
Q: What makes an effective advocate in jury arguments?
A: Being prepared.
Q: What are the most common mistakes made in argument?
A: Repetitions.
Q: Do you find the use of computer-assisted presentations (e.g., PowerPoint) effective and/or useful?
A: Yes.
7. Criminal Matters
Q: How do you handle requests for continuance on pretrials, arraignments or roll calls?
A: By each case. I am usually okay with one continuance but not with subsequent requests without good cause.
Q: When may the issue of bail best be addressed in your courtroom?
A: When Defendant is before me initially.
Q: What information do you want from counsel at the time of sentencing?
A: Relevant information.
Q: Are private pre-sentence evaluations useful or encouraged?
A: Helpful.
Q: Do you have any standard sentences the bar should be advised about, i.e., DUI sentencings, acceptance of alcohol-related reckless?
A: Just the basic sentence guideline.
Q: How should counsel on busy law and motion calendar handle calling a case?
A: Let me know ahead of time if there is a need to be heard before other matters and/or get my attention when there is a break.
8. Discovery Practices
Q: What is your approach to resolving discovery disputes?
A: Save the trees. Use a telephone conference if it would help instead of motions to compel.
Q: What are your thoughts on imposing sanctions for discovery abuses?
A: Only when egregious.
Q: Are you generally available to solve problems that arise during a deposition?
A: Yes.
9. Thoughts on Courtroom Protocol
Q: Is lack of civility ever a problem in your courtroom? If so, do you take steps to improve civility in your courtroom?
A: Not a problem.
Q: Do you impose any limitations on courtroom movement (approaching witnesses, podium, etc.)?
A: Seek permission of court.
10. Other Miscellaneous Issues
Q: What are your opinions regarding courtroom dress?
A: Professional dress code.
Q: Do you allow children in your courtroom?
A: No.
Q: Do you allow cell phones in your courtroom?
A: No.
11. Other Suggestions, Thoughts, Concerns
I have an open door policy. Attorneys can set up a telephone conference (not an ex parte conference) to discuss matters that fall under “emergency” category where time is of the essence.
12. Clerk’s Comments
Q: The name and phone number of my clerk(s) is:
A: American Fork: Karen Hansen (801) 756-9654
Spanish Fork: Linda Douglas (801) 798-8674Q: My clerk wants you to please do these things:
A: Be professional. Be courteous.